On January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a sweeping new policy memorandum, PM-602-0194, directing officers to place adjudicative holds on a broad range of immigration benefit applications filed by or on behalf of foreign nationals from countries designated as “high-risk” under the expanded travel ban issued on December 16, 2025, in Presidential Proclamation (PP) 10998. Read the Fact Sheet on the Proclamation.
This policy significantly expands prior national security-based review measures and has immediate implications for pending and previously approved immigration benefits. The January 1, 2026, memorandum builds upon an earlier Policy Memo issued on December 2, 2025 (PM-602-0192) addressing holds on asylum and benefit applications from high-risk countries. PM-602-0194 does not fully supersede the prior memo, but rather expands its scope to include additional countries and re-review of approved cases, subject to limited exceptions.
Overview of the New USCIS Policy
Effective immediately, USCIS personnel are instructed to:
- Place a hold on all pending USCIS benefit applications filed by aliens associated with countries listed in PP 10998, regardless of the applicant’s date of entry into the United States;
- Conduct a comprehensive review of USCIS policies, procedures, and screening protocols applicable to benefit requests from these countries; and
- Re-review previously approved benefit requests involving affected nationals that were approved on or after January 20, 2021.
While cases may continue through processing, USCIS officers are prohibited from issuing a final adjudication (approval or denial) until the hold is lifted or modified by USCIS leadership.
This policy in effect places the majority of the affected cases on hold indefinitely.
Who Is Affected?
The original 19 countries included Afghanistan, Myanmar (Burma), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra, Leone, Togo, Turkmenistan, and Venezuela.
New countries added in the December Presidential Proclamation now include Burkina Faso, Laos , Mali, Niger, Sierra Leone, South Sudan, Syria, individuals with Palestinian Authority Documents, Burundi, Cuba,Togo, Angola, Antigua and Barbuda, Benin, Cote d ‘Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.
The policy applies broadly to non-U.S. citizens who:
- Hold citizenship or nationality from a country listed in PP 10998 (see above);
- List a designated high-risk country as their country of birth;
- Obtained Citizenship by Investment (CBI) from a third country to bypass travel restrictions; or
- Are traveling on Palestinian Authority–issued travel documents.
Notably, family-based immigrant visa applicants in the immediate relative category are no longer broadly exempt from these restrictions. These cases are now subject to the same heightened scrutiny as employment-based and other immigration benefit requests.
National Security–Focused Review Criteria
USCIS officers are instructed to conduct a case-by-case national security and public safety review, including whether the applicant:
- Appears in the Terrorist Screening Dataset (TSDS) as a known or suspected terrorist;
- Has ties to organizations or activities described in INA §§ 212(a)(3) or 237(a)(4);
- Has associations involving serious criminal activity or threats to community safety; or
- Is unable to establish identity due to unreliable or fraudulent civil documentation.
USCIS specifically cites systemic documentation issues, such as corruption, unreliable civil registries, and lack of birth registration systems, in many high-risk countries as justification for heightened scrutiny.
USCIS acknowledges that this policy will result in significant processing delays for affected applicants. However, the agency states that such delays are justified by its obligation to ensure maximum vetting and screening in furtherance of U.S. national security and public safety.
The adjudicative hold will remain in place until expressly lifted or modified by the USCIS Director through a future memorandum. Requests to lift a hold due to litigation or extraordinary circumstances require approval from USCIS senior leadership.
Exceptions to the Adjudicative Hold
The memorandum outlines limited exceptions, including (but not limited to):
- Form I-90 (Replacement of Green Card);
- Form N-565 (Replacement of Naturalization/Citizenship Document);
- Form N-600 (Certificate of Citizenship), with exclusions for Yemen and Somalia;
- Certain Form I-765 Employment Authorization categories tied to asylum or law enforcement cooperation;
- Benefits related to major international sporting events;
- Cases identified as priorities by law enforcement or ICE;
- Benefit requests serving a U.S. national interest, such as critical scientific, medical, or infrastructure work.
All exemptions require coordination with the USCIS Office of Policy and Strategy (OP&S), and USCIS is expected to issue further operational guidance within 90 days.
Practical Impact and What Applicants Should Do
This policy represents one of the most aggressive USCIS security-based review initiatives in recent years. Applicants from affected countries should be prepared for extended adjudication timelines, requests for additional evidence or re-interviews; and increased scrutiny of identity, background, and prior immigration history. Importantly, the inclusion of re-review of already approved cases introduces new uncertainty for individuals who believed their immigration status was settled.
Individuals and employers impacted by this policy should seek experienced immigration counsel to assess risk exposure, document mitigation strategies, and prepare for potential delays or adverse action. Early legal analysis is especially critical for employment-based applicants, family-sponsored immigrants, and those pursuing benefits that may qualify under the “national interest” exception. Email us at contact@niwus.com to schedule a legal consultation.
This article is for informational purposes only and does not constitute legal advice.